The Navajo Nation could have a slight edge in a case that will weigh heavily on the tribe and its ability to draw more water from the Colorado River.
, the latest development in Arizona v. Navajo Nation, where the tribe claims the U.S. has a "treaty-based duty" to supply the reservation with adequate water., where in 1908, the Supreme Court ruled the government has an obligation to supply water to tribes confined to a reservation via treaty.
The Biden administration's assistant to the U.S. Solicitor General Frederick Liu said that while the government is committed to helping the Navajo Nation, "the 1868 treaty didn't impose on the United States a duty to construct pipelines, pumps or wells to deliver water." While their five colleagues appeared sympathetic to that argument, Chief Justice John G. Roberts Jr. and Justices Clarence Thomas, Samuel A. Alito Jr. and Brett M. Kavanaugh were skeptical.
"Have you, throughout this litigation, suggested any other source than the Lower Colorado?" he asked Dvoretzky. "Could I bring a good breach-of-contract claim for someone who promised me a permanent home, the right to conduct agriculture and raise animals if it turns out it's the Sahara Desert?" he asked.
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